Influencer Marketing Legal Tips

August 20, 2018

Influencer Marketing 101

As a matter of provable fact, the average person is clobbered with over 10,000 marketing messages a day! In other words: The market is saturated! And as a result, people are more likely to pay attention to advertisements if they don’t know it’s an advertisement.

So it’s little wonder why brands are reluctant to slap ad disclosures all over the promotional posts of social media influencers.

But here’s the catch: If you fail to adequately label ads, then you run the risk of litigation — and even bankruptcy — thanks to astronomically high “deceptive marketing” fines and damages.

So! To help you avoid said fate, we’ve made this quick “influencer marketing legal checklist.” For a comprehensive consultation, get in touch today.

8 Influencer Marketing Legal Tips

  • When posting sponsored content, influencers must reveal compensation deals. Not doing so can lead to gigantic fines. Adequate markers include #ad, #sponsored, and #paid. They must be clear and conspicuous in the post.
  • Free samples count as a “material incentive” and reviewers must disclose material incentives.
  • Sending free products to bloggers with the expectation of a review falls under the “material incentive” umbrella.
  • The FTC has made its position clear: Brands are responsible for affiliates’ and influencers’ actions. As such, make sure to provide all social media influencers and affiliate marketers with posting and disclosure instructions.
  • Give influencers an intellectual property guide that delineates how they can and cannot use your company’s marks when promoting your products online.
  • Ensure you have a detailed agreement with affiliate marketers and social media influencers. Outline everything from the required number of posts to contract length. The more detailed it is the better off you are. In the event of conflict, a detailed agreement will be invaluable.
  • If you choose to run contests or giveaways, make sure you know the rules! The FTC is very picky about them. Moreover, social media and e-commerce platforms also have their own rules about contests and giveaways. If you break them, you risk account suspension.
  • If you make any medical claims in your marketing materials, make sure you can substantiate them! Failing to do so can land you in the regulatory dog house.

Connect With An Influencer Marketing Lawyer

Compliant marketing campaigns are the most profitable ones. Want to ensure that you’re promotional campaigns are up to legal snuff? Then give us a call. We work with entrepreneurs and businesses on all types of marketing matters. We’re experienced, friendly, and understand what it means to work within budgets.

Get in touch today to begin the conversation. The consultation is on us.

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